Q:

What happens when you violate a restraining order?

A:

Quick Answer

Any violation of a restraining order leads to the arrest of the person named in the order, notes Legal Match. As soon as the order is violated, the holder of the order must call the police. The restrained person is taken to jail and booked on either a misdemeanor or felony charge. At a subsequent court hearing, a judge decides if there has been a legal violation of the order.

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Full Answer

If the person being restrained is convicted of violating an order of protection, she is fined or sentenced to jail time. According to information obtained from the Judicial Council of California, the holder of the order has the option to file a civil contempt of court. This gives the restrained person the right to legal representation in order to avoid conviction. If a conviction is won, the restrained person potentially serves jail time for each violation of the order.

The restrained person must understand that an order or protection means that she is not to have any contact with the person that holds the order. The Columbus City Attorney advices that the holder of such an order must not attempt to reason or argue with the restrained person. If the restrained person confronts the holder, the holder is to seek immediate safety and contact police. If a restrained person wishes to have the order lifted, she must seek help through the legal system.

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